FAA remedial order nears commencement

In 2017 in Smith v Lancashire the Court of Appeal held that exclusion of a deceased’s co-habiting partner from entitlement to bereavement damages under s1A of the Fatal Accidents Act 1976 breached European Convention rights. That outcome placed the government under an obligation to amend the Act (detailed in this post back in February). This specific and limited change has just moved closer, with the necessary draft order being approved in the House of Lords last week and expected to take effect soon.

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Roberts v SAAFA & Allgemeines Krakenhaus Viersen: an ongoing cross border claim from 20 years ago

Harry Roberts’s case arose out of brain damage sustained during his birth in Germany in June 2000. Infant brain injury cases can be among the most expensive claims if, as is usual, there is a high annual care need and a lengthy life expectancy. This case has added complications because of the cross-border setting and because of a dispute on limitation despite the claimant’s minority.

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Maran UK v Begum – does English law apply to a fatal accident in a Bangladeshi shipbreakers?

In this recent decision the High Court refused to strike out a claim brought in England by the widow of a Bangladeshi ship worker who had died when he fell during the breaking of a ship disposed of in Bangladesh by an English company. The case turned on the existence (or not) of a duty of care and on the applicable law.

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